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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the validity of the saying that the disagreement of scholars is a mercy?

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Question:
A questioner says: Some people say that the disagreement of scholars is a mercy. What is the validity of that statement? He gives as an example that the Hanafis hold that a woman is permitted to marry herself off. Some say that if the country follows this school of jurisprudence, there is no harm, especially if the father is preventing the marriage.

Answer:
The disagreement of scholars is a mercy, a trial, and a test. Allah tests His servants. Mercy lies in unity and agreement, while disagreement is a trial and a test. Allah the Exalted says:
but they will not cease to differ. (119) Except whom your Lord has givenوَلَا يَزَالُونَ مُخْتَلِفِينَ إِلَّا مَن رَّحِمَ
[Hud 11:118-119]
. He made mercy for those who are united. Disagreement is a trial and a test by which Allah tests His servants so that the truthful one is distinguished from the liar, and the seeker of the truth from others. The one who finds the truth seeks it and pursues its excellence, while the one who is lenient follows his own desires. As for what concerns the guardian, the opinion of the people of knowledge must be upheld. A guardian is necessary. The Hanafi view on this is incorrect. A guardian is necessary; a woman does not marry herself, nor does anyone else. The Prophet (peace and blessings be upon him) said that no woman, nor anyone else, is to be married in a valid marriage except with a guardian. If there is no guardian, a close relative should take the matter to the court. The court appoints someone to marry the woman who has no guardian. However, if she has a guardian from the residuary heirs, the closest one takes precedence. The closest is her father and her sons. If the father and sons are not found, the guardianship passes to the brothers. If there are no brothers, it passes to their sons. If their sons are not found, it passes to the uncles, and so on. The point is that the residuary heirs take precedence, the closest first. If she has no residuary heirs, the matter passes to the legal guardian, the judge, who is the representative of the ruler. The ruler is the original representative. The Prophet (peace and blessings be upon him) said in the hadith:
The authentic hadith states: The ruler is the guardian of those who have no guardian.الصحيح السلطان ولي ولا ولي.

And he (peace and blessings be upon him) said: A woman does not marry herself, nor does anyone else. And in another hadith, it is stated that a marriage without a guardian is invalid, invalid, invalid. Yes.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 096 ما صحة مقولة اختلاف العلماء رحمة؟ للإمام ابن باز — youtube.com

The Arabic text is a machine transcription of the audio recording.

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